Clear cut case.

Michael Moore of Fremont, Michigan, owns D&M Produce in Egelston Township. On September 19, he was working in his office shortly after 1:15 a.m. when he heard a doorknob jiggle.

Armed with a loaded pellet gun and dressed in camouflage clothing and dark boots, 17-year-old Scott Lamb had gained entry to the building by removing some metal siding. He jumped over a counter and grabbed some money from change jars. Moore grabbed a shotgun and ordered him to freeze. When Lamb refused, the store owner fired a single blast of birdshot that struck the youth in a shoulder.

Moore called 911. He then used a blanket to cover the wounded teen and tried to comfort him until authorities arrived. Lamb was taken to a local hospital in critical condition, but recovered. On October 5, following his release, he was charged with breaking and entering a building and possession of burglary tools, both felonies that carry potential 10 year prison sentences.

The September 30 Muskegon Chronicle reported that Muskegon County Prosecutor Tony Tague concluded that no charges would be filed against the businessman. There was, Tague asserted, no question about what happened, since the investigation revealed that "both the suspect and the store owner gave the exact same description of what occurred inside the store."